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United States Supreme Court
·
March 19, 2019

Nielsen v. Preap

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Legal Topic
Immigration: Detention of felons

Summary

U.S. Supreme Court case regarding the detention of aliens who have committed aggravated felonies. Federal law says that certain categories of aliens, including those who have committed "aggravated felonies," must be arrested by federal immigration authorities upon their release from prison or jail and held pending deportation. Aliens subject to this law sued the Secretary of Homeland Security, claiming that the detention provision only applied to those who actually were arrested immediately upon release from state custody. Those who avoided federal arrest for any reason (such as a "sanctuary" law that prevents the federal government from knowing when they will be released) are exempt, they claimed. CJLF filed a "friend of the court" brief to oppose this illogical misinterpretation of the law. The Supreme Court agreed and reversed a contrary decision of the Court of Appeals for the Ninth Circuit.

Issue Tags

CJLF Amicus Brief
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